State ex rel. Harsh v. Scott

Debt against a justice of the peace and his sureties, on his official bond. The bond is conditioned in the usual form, that the justice faithfully discharge the duties of *281*his office, and pay over all money?, &c. The declaration assigns three breaches of the condition subtantially the same. Each breach alleges that the justice “failed to discharge his duty in this, to wit/’ and then proceeds to state with due formality, that he failed to issue an execution upon a certain judgment rendered by him. The defendants pleaded, “that the said Soott (the justice) has not failed to discharge his duty…